CEU Electronic Theses and Dissertations, 2013
| Author | De Simone, Matteo |
|---|---|
| Title | Justice or Certainty? Establishing the Rule of Law in Central and Eastern Europe |
| Summary | The aim of the present thesis is to explore and explain the diversity of meanings that the rule of law principle assumed in the legal thinking and in the jurisprudence of the Constitutional Courts during the post-communist transition in Central Eastern Europe. I argue that the specificities of the mode of extrication and the related constitutional genesis produced a set of “tensions” between continuity and discontinuity and that the latter had a direct impact on the way the rule of law has been embraced in the domestic constitutional doctrine. I also offer a systematic account of the existing theories which have tried to grapple the institutional and normative complexity of the concept. On these basis I question the popular dichotomy between a “moral” and “positivist” approach to the rule of law in Central Eastern Europe. |
| Supervisor | Dimitrijevic, Nenad |
| Department | Political Science MA |
| Full text | https://www.etd.ceu.edu/2013/de-simone_matteo.pdf |
Visit the CEU Library.
© 2007-2021, Central European University